Plain English Breakdown
The official text ends abruptly ('searches descr'), so the full scope of court-ordered searches is unknown.
Changes to Protective Orders for Firearms and Court Procedures
AB-1753 clarifies that people with protective orders must turn over ammunition, allows remote court appearances starting in 2028 for specific cases, changes rules about giving notice before emergency orders if safety is at risk, and requires prosecutors to check firearm records.
What This Bill Does
- Explicitly requires a person subject to a protective order to turn over any firearms and ammunition they have in their immediate possession or control.
- Requires courts starting January 1, 2028, to allow parties and witnesses to appear remotely at no cost for hearings on postsecondary school or workplace violence restraining orders.
- Prohibits courts from requiring advance notice before accepting an emergency (ex parte) order if the applicant swears under oath that giving notice would likely endanger safety.
- Requires peace officers starting January 1, 2028, to follow specific procedures used by sheriffs or marshals when serving court papers and protective orders.
- Mandates district attorneys or city prosecutors to search a state database for firearm records in domestic violence cases.
Who It Names or Affects
- People subject to civil harassment, domestic violence, elder abuse, gun violence, postsecondary school, or workplace restraining orders.
- Courts and judges handling protective order hearings.
- Peace officers, sheriffs, marshals, district attorneys, and city prosecutors.
- The Judicial Council.
Terms To Know
- Ex parte restraining order
- An emergency court order issued without giving the other person advance notice because of safety concerns.
- Relinquish
- To give up or turn over property, such as firearms and ammunition, to authorities.
- Department of Justice Automated Firearms System
- A state database that records information about who owns or possesses a firearm.
Limits and Unknowns
- The official text provided is truncated and does not fully describe the specific searches courts are authorized to order.
- Many new rules, such as remote appearances and notice changes, do not take effect until January 1, 2028.